IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU, J.
Vishwanath Jha & Ors. - Petitioners
Versus
State of Haryana and another - Respondents
CRR No. 397, 398, 399, 400, 402, 404, 417, 421of 2018 (O&M)
Decided On : 29-05-2018
Negotiable Instruments Act, 1881, S.138--Dishonour of Cheque--Concurrent running of Sentence--Application for--Ledger Account shows that material was supplied under various bills on more than 200 (two hundred) different occasions as per requirement of petitioner thus, same cannot be construed as a single transaction; rather these are different transactions during business dealings between parties and petitioner neither inclined to make payment of compensation; nor willing to undergo total sentence--Rather he wants to escape from entire liability simply by undergoing sentence of six months' simple imprisonment, which shows that intentions of petitioner are not bona fide and not in interest of business dealings--Such incidents are increasing day-by-day and in case undue sympathy is shown to the persons like petitioner, then faith of Society shall be eroded systematically and that will be too disastrous for economy of the country--Hence, application dismissed--Criminal Procedure Code, 1973, S.427. (Para 27)
MAHABIR SINGH SINDHU, J.
1. This order shall dispose off the aforesaid eight criminal revisions, filed by the present petitioner against the impugned judgments dated 03.10.2017, passed by the learned Sessions Judge, Faridabad, vide which eight separate appeals filed by the present petitioner were dismissed and affirmed the judgments and orders of conviction and sentence dated 21.04.2016 and 29.04.2016, respectively, passed by the learned Judicial Magistrate 1st Class, Faridabad, whereby the petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') and sentenced in the following terms:-
CRR
Complaint Number with date
Cheque Number, Date & Amount
Sentence
397 of 2018
935 dated 07.07.2014
583128 dated 10.03.2014, Rs.50,000/-
Simple imprisonment for six months along with compensation amount of Rs.75,000/- within one month from the date of passing of the order i.e. 29.04.2016.
398 of 2018
926 dated 07.07.2014
928882 dated 01.03.2014, Rs.2,25,000/-
Simple imprisonment for six months along with compensation amount of Rs.3,37,500/- within one month from the date of passing of the order i.e. 29.04.2016.
399 of 2018
929 dated 07.07.2014
439079 dated 03.05.2014, Rs.1,00,000/-
Simple imprisonment for six months along with compensation amount of Rs.1,50,000/- within one month from the date of passing of the order i.e. 29.04.2016.
400 of 2018
934 dated 07.07.2014
439080 dated 05.05.2014, Rs.1,00,000/-
Simple imprisonment for six months along with compensation amount of Rs.1,50,000/- within one month from the date of passing of the order i.e. 29.04.2016.
402 of 2018
931 dated 07.07.2014
439082 dated 09.05.2014, Rs.1,00,000/-
Simple imprisonment for six months along with compensation amount of Rs.1,50,000/- within one month from the date of passing of the order i.e. 29.04.2016.
404 of 2018
932 dated 07.07.2014
439081 dated 07.05.2014, Rs.1,00,000/-
Simple imprisonment for six months along with compensation amount of Rs.1,50,000/- within one month from the date of passing of the order i.e. 29.04.2016.
417 of 2018
930 dated 07.07.2014
439078 dated 01.05.2014,
Rs.1,00,000/-
Simple imprisonment for six months along with compensation amount of Rs.1,50,000/- within one month from the date of passing of the order i.e. 29.04.2016.
421 of 2018
933 dated 07.07.2014
439083 dated 12.05.2014, Rs.1,00,000/-
Simple imprisonment for six months along with compensation amount of Rs.1,50,000/- within one month from the date of passing of the order i.e. 29.04.2016.
2. It is also necessary to mention here that eight different criminal miscellaneous applications under Section 427 of the Cr.P.C. have also been filed for concurrence of the sentence awarded against the petitioner in all the cases.
3. With the consent of the parties and for the sake of convenience, the facts of the case have been taken from CRR No.397 of 2018.
4. Brief facts of the case are that complainant-Jaineesh Madaan (respondent No.2) is the Proprietor of M/s Perfect Alloys, Faridabad. Complainant had been dealing and trading in die and mould steels. As per the requirement of the petitioner, the complainant supplied material to him from time to time. The complainant also maintained an account for the said transactions. Petitioner/accused issued eight account payee cheques of different dates to the complainant being part payment to discharge his liability on account of payment of total outstanding amount of Rs.12,42,289/-, as per the ledger account w.e.f. 01.04.2011
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